HomeMy WebLinkAbout2018 - Declaration of Covenant for Inspection and Maintenance of Stormwater Facilities and BMPS - City of Tukwila / Levitz Tukwila LLC - 20181031000233Return to:
City Clerk
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
COVENANT Rec: $1 t4.00
18 31,2818 10:00 AM
KING COUNTY, WA
DECLARATION OF COVENANT
FOR INSPECTION AND MAINTENANCE OF STORMWATER
FACILITIES AND BMPS
Grantor: LEVITZ TUKWILA, LLC, a Delaware limited liability company
Grantee: CITY OF TUKWILA, a municipal corporation of King County, Washington
Abbreviated Legal Description: A portion of the NE1/4 of the NW1/4, Sec. 35, T.23 N., R4E., W.M., in
King County, Washington
Assessor's Tax Parcel ID# 352304-9087 / 352304-9088
IN CONSIDERATION of the Public Works final inspection for City of Tukwila Building permit
no. D17-0217 relating to the real property ("Property") as described in Exhibit 'A' attached hereto and by
this reference incorporated herein, the Grantor, the owner in fee of that Property, hereby covenants with
the City of Tukwila, a municipal corporation of the State of Washington, that it will observe, consent to,
and abide by the conditions and obligations set forth and described in Paragraphs 1 through 10 below
with regard to the Property, and hereby grants an easement as described in Paragraphs 2 and 3. Grantor
hereby grants, covenants, and agrees as follows:
1. The Grantor or it's successors in interest and assigns ("Owners") shall at its' own cost,
operate, maintain, and keep in good repair, the Property's stormwater facilities and best management
practices ("BMPs") identified in the plans and specifications submitted to the City of Tukwila for the
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review and approval of Building permit no. D17-0217 ("Exhibit B"). Stormwater facilities include pipes,
catch basins, modular wetlands, swales, tanks, vaults, ponds, and other engineered structures designed to
manage stormwater on the Property. Stormwater BMPs include dispersion and infiltration devices,
native vegetated areas, permeable pavements, vegetated roofs, rainwater harvesting systems, reduced
impervious surface coverage, and other measures designed to reduce the amount of stormwater runoff on
the Property.
2. The City of Tukwila shall have the right to ingress and egress over those portions of the
Property necessary to perform inspections of the stormwater facilities and BMPs and conduct other
activities specified in this Declaration of Covenant and in accordance with City of Tukwila Code
("TMC") 14.30.80. This right of ingress and egress, right to inspect, and right to perform required
maintenance or repair as provided for in Section 3 below.
3. If the City of Tukwila determines that maintenance or repair work is required to be done to
any of the stormwater facilities or BMPs, the Director of Public Works ("Director") shall give notice of
the specific maintenance and/or repair work required pursuant to TMC 14.30.80. The Director shall also
set a reasonable time in which such work is to be completed by the Owner. If the above required
maintenance or repair is not completed within the time set by the Director, the City may perform the
required maintenance or repair, and hereby is given access to the Property, subject to the exclusion in
Paragraph 2 above, for such purposes. Written notice will be sent to the Owner stating the City's
intention to perform such work. This work will not commence until at least seven (7) days after such
notice is mailed. If, within the sole discretion of the Director, there exists an imminent or present danger,
the seven (7) day notice period will be waived and maintenance and/or repair work will begin
immediately.
4. If at any time the City of Tukwila reasonably determines that a stormwater facility or BMP on
the Property creates any of the hazardous conditions listed in TMC 14.30.80 and herein incorporated by
reference, the Director or equivalent municipal successors official may take measures specified therein.
5. The Owner shall assume all responsibility for the cost of any maintenance or repair work
completed by the City as described in Paragraph 3 or any measures taken by the City to address
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hazardous conditions as described in Paragraph 4. Such responsibility shall include reimbursement to the
City within thirty (30) days of the receipt of the invoice for any such work performed. Overdue
payments will require payment of interest at the current legal rate as liquidated damages. If legal action
ensues, the prevailing party is entitled to costs or fees.
6. The Owner is hereby required to obtain written approval from the Director of Public Works
prior to filling, piping, cutting, or removing vegetation (except in routine landscape maintenance) in open
vegetated stormwater facilities (such as swales, channels, ditches, ponds, etc.), or performing any
alterations or modifications to the stoiunwater facilities and BMPs referenced in this Declaration of
Covenant.
7. Any notice or consent required to be given or otherwise provided for by the provisions of this
Agreement shall be effective upon personal delivery, or three (3) days after mailing by Certified Mail,
return receipt requested to the address listed below for that party:
City Clerk
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
Levitz Tukwila, LLC
c/o Allied District Properties
180 N. Stetson, Suite 3240
Chicago, IL 60601
8. With regard to the matters addressed herein, this agreement constitutes the entire agreement
between the parties, and supersedes all prior discussions, negotiations, and all agreements whatsoever
whether oral or written.
9. This Declaration of Covenant is intended to protect t:he value and desirability of the real
property described in Exhibit 'A' and shall inure to the benefit of all the citizens of the City of Tukwila.
This Declaration of Covenant shall run with the land and be binding upon Grantor, and Grantor's
successors in interest, and assigns.
10. This Declaration of Covenant may be terminated by execution of a written agreement by the
Owner and the City of Tukwila that is recorded by King County in its real property records.
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IN WITNESS WHEREOF, this Declaration of Covenant for the Inspection and Maintenance of
Stormwater Facilities and BMPs is executed this U 14 day of September, 2018.
aor"IP":"
GRAT4TOR //Authorized Signature
STATE OF ILLINOIS)
)ss.
COUNTY OF COOK )
I certify I know or have satisfactory evidence that 6/, e;
is the person
who appeared before me, and said person acknowledged that he signed this instrument on oath stated that
he was authorized to execute the instrument and acknowledge as the
1,//- t//of
Levitz Tukwila, LLC, a Delaware limited liability company, to be the free and voluntary act of such
party for the uses and purposes mentioned in the instrument.
Dated
) 2('
"OFFICIAL S L"
NA D QUINN
Notary Public, State of Illinois
My Commission Expires February 04,
Notary Public in and for the State of Illinois
residing at
My appointment expires
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DATED this
day of 51,f,mm, 2018.
CITY OI°TUI ,eA, WASHINGTON
Henry Hash, Public Works Director
Date:
STATE OF WASHINGTON )
) ss
COUNTY OF KING )
On this
I,._
day of June, 2018 before me, the undersigned, a Notary Public, in and
for the State of Washington, duly commissioned and sworn, personally appeared Henry Hash, Public
Works Director, and said person acknowledged that he signed this instrument, on oath stated that he was
authorized to execute the instrument and acknowledged it to be the free and voluntary act of such party
for the uses and purposes mentioned in the instrument.
WITNESS my hand and official seal the day and year first above written.
"lu
IANOSON
NOTARY PUBLIC in and for the State of Washington,
residing at:
My appointment expires: '.
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EXHIBIT 'A'
LEGAL DESCRIPTION OF PROPERTY
THAT PORTION OF THE NORTHEAST IA OF THE NORTHWEST IA OF SECTION 35, TOWNSHIP 23
NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID NORTHEAST IA OF THE NORTHWEST IA;
THENCE NORTH 87°45'57" WEST ALONG THE NORTH LINE OF SAID NORTHWEST'/ A
DISTANCE OF 481.05 FEET TO THE WESTERLY MARGIN OF SOUTHCENTER PARKWAY, AS
CONVEYED BY DEEDS RECORDED UNDER RECORDING NOS. 6343848 AND 6343847; THENCE
SOUTH 11°59'33" EAST ALONG SAID WESTERLY MARGIN A DISTANCE OF 41.27 FEET TO
THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 11°59'33" EAST ALONG
SAID WESTERLY MARGIN A DISTANCE OF 571.41 FEET; THENCE SOUTH 42°30'27" WEST A
DISTANCE OF 280.99 FEET; THENCE SOUTH 47°29'33" EAST A DISTANCE OF 23.25 FEET;
THENCE SOUTH 42°30'27" WEST A DISTANCE OF 45.50 FEET; THENCE NORTH 47°29'33"
WEST A DISTANCE OF 23.25 FEET; THENCE SOUTH 42°30'27" WEST A DISTANCE OF 127.05
FEET; THENCE NORTH 52°44'03" WEST A DISTANCE OF 642.69 FEET; THENCE NORTH
42°30'27" EAST A DISTANCE OF 695.97 FEET; THENCE SOUTH 87°45'57" EAST A DISTANCE
OF 229.11 FEET TO THE TRUE POINT OF BEGINNING; SITUATE IN THE CITY OF TUKWILA,
COUNTY OF KING, STATE OF WASHINGTON.
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